Terms & Conditions

1 DEFINITION 

In this document the following words shall have the following meanings: 1.1 ‘Buyer’ means the organisation or person who buys Goods from the Seller; 1.2 ‘Goods’ means the articles to be supplied to the Buyer by the Seller; 1.3 ‘Intellectual Property Rights' means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable; 1.4 ‘List Price’ means the selling price as stated on the price list which can be amended from time to time without notice;  1.5 ‘Seller’ means F. Parr Limited of Merse Road, Redditch, Worcestershire B98 9PL.

2 GENERAL

2.1  These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.  2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

If you are purchasing goods from us for your own personal use (i.e., the goods are wholly or mainly for use outside the course of your trade or business), then you agree to be bound by our terms and conditions.

3 PRICE AND PAYMENT

3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. Carriage shall be paid for by the Seller unless expressly stated as an addition to the price of the goods. Orders under £150 ex VAT in value are subject to an administrative handling charge.  3.2    Payment of the price and VAT, and any other applicable costs, shall be due within 30 days of the date of receipt of the invoice supplied by the Seller. 3.3 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 12.5% per annum. Compensation arising from late payment will be charged up to the value of £100.  3.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to: 3.4.1 require payment in advance of delivery in relation to any Goods not previously delivered; 3.4.2 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;  3.4.3 terminate the contract. 3.4.4 Make a judgment against the buyer to retrieve outstanding debts, with the buyer being liable for all costs incurred. 3.5 The pricing and availability information is subject to change without notice. Despite our best efforts, it is always possible that some of the goods listed on our website may be incorrectly priced, for example, because of human error. We endeavour to verify prices before Acceptance. If the correct price of the goods is higher than the price stated on our website, we will at our discretion, contact you for instructions before despatching the goods to you, to reject your order or, in the event that the pricing error only becomes apparent after Acceptance, cancel your Agreement and issue you with a full refund of the amounts paid by you. We will give you the option of continuing with the order at the correct price should you desire. We will notify you of such rejection as soon as possible. Notwithstanding any other term of these Conditions, we are under no obligation to provide you with any goods that have been incorrectly priced and, in such circumstances, our liability to you is limited to providing a full refund of any payments that you have made to us in respect of the relevant goods.3.6 Payment can be made by credit/debit card, bank transfer payment (the relevant payment account details are set out on our website or upon request from us) or on a credit account. Unless you hold a credit account with us, full payment must be made at the time of submitting your order and prior to Acceptance. Secure card payments can be made by VISA, Maestro, Mastercard, American Express, PayPal or Amazon payments. You can enter your payment details at checkout or call us on 01527 585777 to place your order. 3.7 Payment is required prior to despatch unless you are a business customer and we have agreed to open a credit account facility for you. All credit accounts and goods provided on credit are provided at our sole discretion and subject to ongoing approval and any separate terms and conditions that may apply from time to time. We reserve the right to refuse or withdraw any credit, even to existing credit account customers, at any time. 3.8 To open a credit account with us, you will be required to complete and return our credit account application form. All the information you supply in your credit account application is true, complete, and not misleading. We reserve the right to carry out a credit reference search on you and any personal guarantors before opening the account. We may update this search at any time. 3.9 If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and cannot be used on sale items or selected lines.

4 DESCRIPTION AND CONTENT

Any description given or applied to the Goods is given by way of identification only, and the use of such description shall not constitute a sale by description.  For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract. 4.1 All weights and dimensions are approximate only, and the maximum load capacities stated are for evenly distributed loads only. Information on our website may be changed by us at any time without notice. Although we endeavour to ensure the accuracy of photographs and images of the goods, errors may occur, and design details may change. Images and colours shown on our website are for illustrative purposes only and can vary when viewed on different electronic devices. For this reason, we cannot guarantee that your device will accurately reflect the true colour and finish of the goods. 4.2 The contents of our website are for general information and not to provide advice.  While we use reasonable measures to ensure the contents of the site are accurate and up to date, we do not accept any liability for any information which may not be accurate.  At most times, we rely upon third parties for much of the information provided.  We also reserve the right to change data, references and product specifications and descriptions at any time.

5 SAMPLE

Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.

6 AVAILABILITY AND DELIVERY

6.1 All goods are offered subject to availability. We reserve the right to cancel an order if stock becomes unavailable or if, for any reason, we are unable to deliver the items you have ordered. Should this occur, we will notify you as soon as possible and, where feasible, offer an alternative product. We will always aim to fulfil your order by the estimated delivery date; however, any delivery dates or times shown on our site are provided as a guide only. 6.2 All goods are available for sale within the United Kingdom and, if outside of the United Kingdom, this must be agreed by us in writing; additional delivery charges will be incurred.6.3 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller.  The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 6.4 Any attempted delivery which is refused at the delivery address or which, through no fault of our own, cannot be delivered at the delivery address, will be returned. Any subsequent attempt to re-deliver the goods may be chargeable. The amount of the re-delivery charge depends on the carrier used to effect re-delivery. 6.5 Normal transport practice is that all goods will be delivered as a curbside delivery or delivered to the goods inwards department or reception on the ground floor. Off-loading facilities must be provided by you where the nature of the goods requires these. Please note that a signed consignment note constitutes delivery and acceptance of the goods. Please check that the number of boxes received corresponds with the delivery note and that there is no obvious external damage to the goods or packaging before signing the consignment note. Some types of goods may be delivered on a pallet. Please advise us at the time of ordering if a pallet delivery is unsuitable for you. 6.6 Our drivers are not authorised to carry goods up or down steps or through a building. However, where practical, the driver may be able to assist with your requirements.6.7 The date of delivery specified by the Seller is an estimate only.  Time for delivery shall not be of the essence of the contract.  6.8 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such time as delivery may be effected, and the Buyer shall be liable for any expense associated with such storage.  6.9 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation.  The Buyer must sign for goods as ‘damaged’ and notify the Seller of the damage within 24 hours of delivery. 6.10 Where an order is placed for a product advertised as being available for next-day delivery, the Customer must notify us in writing within 7 calendar days of the date of order if the order has not been received. This notification requirement is necessary to enable us to investigate the non-delivery and, where applicable, submit a claim to the relevant courier within the courier’s prescribed claim period. Failure to notify us within 7 calendar days may result in the Customer losing the right to make a claim against us in respect of the non-delivery, and we shall not be liable for any loss arising from the Customer’s failure to notify us within this timeframe.

7 CANCELLATION AND RETURN OF GOODS

If the goods received do not meet the buyer’s requirements, the seller will issue a credit for the purchase price of the goods, provided the following conditions are met:

• The goods are returned unused, undamaged, unassembled, and in their original packaging.
• The goods are returned within 28 days of delivery.
• The buyer notifies the seller of their intention to return the goods within 14 days of receipt.

To initiate a return, please get in touch with us at:

• Phone: 01527 585777
• Email: sales@parrs.co.uk

Please note: 

7.1 Returned goods may be subject to a 20% restocking fee, in addition to the original delivery charge.
7.2 The cost of returning the goods will be at the buyer’s expense.
7.3 Made-to-order items are non-refundable and non-returnable.

8 RISK

Risk in the Goods shall pass to the Buyer at the moment the Goods are received at the Buyer's premises. 

9 TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

10 WARRANTY

10.1 Where the Goods have been supplied by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within three years from the date of delivery, subject to the following conditions: 10.1.1  the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;  10.1.2 the defect being due to the faulty design, materials or workmanship of the Seller.  10.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense if so requested by the Seller.  10.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.  10.4 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.  10.5 Warranty excludes Wheels, Castors and General Wear and Tear, plus any electrically powered goods which have shorter warranty periods. 10.6 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 11 and 12 below.

11 LIABILITY

11.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to: 11.1.1 the correspondence of the Goods with any description;  11.1.2 the quality of the Goods; or 11.1.3 the fitness of the Goods for any purpose whatsoever. 11.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to: 11.2.1 the correspondence of the Goods with any description; 11.2.2 the quality of the Goods; or 11.2.3 the fitness of the Goods for any purpose whatsoever. 11.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.

12 LIMITATION OF LIABILITY

12.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price. 12.2 Nothing contained in these Terms and Conditions shall be construed to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.

13 INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

14 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

15 RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties, and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

16 ASSIGNMENT AND SUB-CONTRACTING

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation subcontracted, in either case by the Buyer, without the prior written consent of the Seller.

17 WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

18 SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

19 GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England, and the parties hereby submit to the exclusive jurisdiction of the English courts.